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Topic guideUpdated 2026-02-27

Nebraska DUI & License Suspension — What Happens

Administrative license issues and why timing matters.

License consequences are often the most immediately disruptive part of a DUI case in Nebraska. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §60-498.02; §60-498.01.

How the administrative suspension works

1
Arrest triggers the process
When you are arrested for DUI and either fail or refuse a chemical test, the arresting officer initiates the administrative suspension process §60-6,197.
2
Notice is served
You receive notice of the intended suspension. The clock for requesting a hearing starts now.
3
Request a hearing
You have 10 days after arrest (notice served at arrest); 10 days after mailing of notice of revocation (notice served by mail after later test results) to request an administrative hearing §60-498.02; §60-498.01. If you do not request a hearing within this window, the suspension takes effect automatically.
4
Hearing (if requested)
At the hearing, the issues are narrow: was the stop lawful, was there probable cause for the arrest, did the officer follow proper Implied consent procedures, and did the test result show a BAC at or above the legal limit?

Suspension periods

  • First-offense (failed test): 180 days (failed test, no prior ALR in preceding 15 years); 1 year (refusal)
  • First-offense (refusal): Administrative license revocation under §§ 60-498.01 to 60-498.04; refusal also constitutes a separate criminal offense

Restricted driving privileges

Nebraska does offer a form of restricted or limited driving privileges during or after the administrative suspension. Ignition Interlock Permit (IIP) or 24/7 sobriety program permit available if no ALR hearing is requested (an IIP application waives the hearing; petitioning for a hearing bars a permit unless ordered by the court at sentencing) — offender must apply and install IID; 45 additional no-drive days apply with a prior ALR, 90 after a refusal.

How the administrative and criminal tracks interact

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

Ignition interlock and license reinstatement §60-6,197.03

required for first offense — the revocation order requires an ignition interlock permit for the revocation period (including the 60-day revocation imposed with probation or sentence suspension). The minimum IID period is duration of revocation period for first offense (6 months standard; 60 days if placed on probation or sentence suspended; 1 year if BAC ≥ 0.15); at least 1 year for standard second offense after 45-day no-driving period; for third and later offenses on probation, the court may order interlock after a 45-day no-driving period. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).

✓The administrative hearing is worth requesting even if the outcome seems unlikely to change. It preserves your rights, creates a record, and may reveal information about the state's evidence.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
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General preparation tips only. Deadlines vary by facts and jurisdiction.
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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

Related guides

Nebraska DUI Defense Guide — Charges & Options
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Legal authoritiesStatutes referenced on this page
Neb. Rev. Stat. § 60-498.02; 60-498.01
Administrative license suspension
License may be suspended administratively upon arrest. Hearing must be requested within 10 days after arrest (notice served at arrest); 10 days after mailing of notice of revocation (notice served by mail after later test results).
  • First offense (failed test): 180 days (failed test, no prior ALR in preceding 15 years); 1 year (refusal)
  • First offense (refusal): Administrative license revocation under §§ 60-498.01 to 60-498.04; refusal also constitutes a separate criminal offense
  • Restricted license: available
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Neb. Rev. Stat. § 60-6,197
Implied consent — chemical testing
By driving in Nebraska, you have consented to chemical testing when lawfully arrested for DUI.
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Verified 2026-09-24 · quarterly review
Neb. Rev. Stat. § 60-6,197.03
Ignition interlock requirements
required for first offense — the revocation order requires an ignition interlock permit for the revocation period (including the 60-day revocation imposed with probation or sentence suspension). Minimum IID period: duration of revocation period for first offense (6 months standard; 60 days if placed on probation or sentence suspended; 1 year if BAC ≥ 0.15); at least 1 year for standard second offense after 45-day no-driving period; for third and later offenses on probation, the court may order interlock after a 45-day no-driving period.
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Verified 2026-09-28 · quarterly review
Read with Neb. Rev. Stat. § 60-498.02: Neb. Rev. Stat. § 60-498.01 ↗
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →